Statement from the lawyers of the lieutenants who defended Atatürk: Commitment to Atatürk's principles and revolutions is a legal responsibility for Military Academy graduates

Müyesser YILDIZ -12punto.com.tr

The debates and legal process continue regarding the events that began at the Tuzla Infantry School when a lieutenant did not wear an Atatürk pin on November 10. During this process, the lieutenants who defended Atatürk were accused of forming a junta by the pro-government media.

12punto columnist Müyesser Yıldız wrote in her column yesterday that a lieutenant involved in the events had shared a photo of himself in robes and a turban at a religious sect meeting last year, that the same lieutenants did not participate in a training trip to the Special Forces because it coincided with Friday prayers, and that the lieutenants' lawyers noted that individuals were walking around the Tuzla Infantry School in turbans and that a publication belonging to Hezbollah was also found at the school.

A statement regarding the controversies was issued by the lawyers of the lieutenants who defended Atatürk. Emphasizing that it is not possible for the lieutenants to respond to the allegations due to their duties, the statement recalled that according to the Military Academies Law, the commitment of graduating lieutenants to Atatürk's principles and revolutions is not only a requirement of their education, their loyalty to the constitution, and their reason and conscience, but also a legal responsibility for both them and those who trained them.

The statement made by the 10 lawyers with military backgrounds is as follows:

We have taken on the role of lawyers for three of our lieutenants regarding the allegations that have appeared in the public eye as the 'November 10 events at the Infantry School' and which have been the subject of disciplinary and judicial investigations. 

It is not possible for our clients to respond to the unfair allegations put forward in the ongoing debates in the written and visual media due to their duties. This situation causes the matter to deviate from its true course.

First of all, we would like to state that according to the preamble, which is part of the text of the Constitution, Atatürk is the "founder of the Republic of Turkey, the immortal leader, and the peerless hero." Article 42 of our Constitution, which regulates the right and duty of education and training, states: "Education and training shall be conducted under the supervision and control of the State, in line with Atatürk's principles and reforms, and based on contemporary scientific and educational principles." Likewise, in the Preamble and Articles 2, 42, 58, 81, 103, and 134 of our Constitution, Atatürk's principles and reforms have been referenced many times. Given this strong reference in the Constitution, Atatürk is a supra-political value of the Turkish Nation, and his principles reflect the founding ideals and fundamental philosophy of the state. 

On the other hand, according to the Military Academies Law No. 4566; "The Military Academy... is a higher education institution with scientific autonomy, operating under the Ministry of National Defense, which trains commissioned officers who are committed to Atatürk's principles and possess military values, and which conducts education, training, scientific research, publishing, and consultancy." and "In Military Academies, students are provided with a sense of service and professional values committed to Atatürk's principles and reforms, and to the principles of Atatürk's nationalism, and a democratic, secular, and social state of law." The provisions of the Military Academies Regulation are also in line with these norms.

In summary, the commitment of lieutenants who are graduates of the Military Academy to Atatürk's principles and revolutions is not only a requirement of the education they received, their loyalty to the Constitution, and of reason and conscience, but also a legal responsibility for both them and those who trained them. In this context, it is indisputable that commitment to Atatürk's principles does not constitute an obstacle to freedom of religion and worship, which is also a fundamental right and freedom according to our Constitution. Our clients have never had such an inclination in any way.

Considering the emphasis on deep respect for Atatürk and commitment to Atatürk's principles, which manifests in every level of norms determining the framework for the training of officers, we believe that the sensitivities of our clients, the young lieutenants, should be understood. It is clear that attributing other meanings to this sensitivity, taking it out of context, and viewing or portraying the young lieutenants as if they were a party to a political debate is a great injustice. 

Continuing these discussions in the public sphere in a manner that exceeds the boundaries of freedom of the press and expression not only violates the rule of confidentiality of the investigation but also openly and severely infringes upon the personal rights of our clients, leading to public misinformation and, consequently, polarization in society over young lieutenants. There is no doubt that this is causing great harm to the ongoing judicial and administrative investigation processes, the parties involved, their families, and our shared value, the Turkish Armed Forces. 

In this regard, we believe that the outcome of the judicial and administrative process should be awaited with common sense and composure. 

Respectfully announced to the public. 22.12.2023

Attorney Abdullah Yasin ÜSTÜNDAĞ

Attorney Çağlar ALTUN

Attorney Demet Reçber ÖZTÜRK

Attorney Ece ÜSTÜNDAĞ

Attorney Erhan TOKATLI

Lawyer Ersin KAYA

Lawyer İbrahim YILMAZ

Lawyer Dr. Mustafa GÜLER

Lawyer Namık ÖZTÜRK

Lawyer Serdar ÖZTÜRK